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2012-11-28 03:41 pm (UTC)
I would hesitate to call fan fiction "derivative" because "derivative" has a specific legal meaning that in the US would be more limiting for fans. The copy right law specifically uses that word when listing uses of a work that are reserved to the original author.
I think "transformative" was chosen because that term puts the fan works more clearly in the "fair use" portion of the US copyright legal language. When the OTW was invented it made a lot of people go "bzuh?" because they hadn't heard that word much -- it felt like legal jargon. Which it is! But that's my take on why we often hesitate in calling fanworks "derivative."
In my opinion, podfic is much closer to a performance, like a radio play or an audiobook, than it is to a translation into another language.
Do you have a sense of where the fanworks community is in regard to permission for podfic? Or are things still evolving?
To me, most vids are in another category entirely than a reading that is recorded of a fic, because they are not fans using other fans' work. They are fans using professional work. That is a still a big divide between our typical practices.
As always, thanks for the thinky!
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